Diaz asks judge to withdraw plea
Fri, 24 Feb 2012 21:05:13 GMT —
UPDATED: April 4 at 7:20 a.m.
The Chicago man who pleaded guilty to killing a Quincy man in 2010 will not get to change his plea.
Phillip Diaz was sentenced to 45 years in prison after he admitted in court to shooting Ian Barksdale in a Quincy parking lot.
According to court documents, Tuesday he asked to withdraw his plea because of ineffectiveness of his attorney at the time.
His 45-year-sentence still stands, after a judge denied that request Tuesday.
Original Story- Friday, February 24-
A man who pleaded guilty to shooting Ian Barksdale in a Quincy Hardee's parking lot has asked to withdraw his plea.
Six months after receiving a 45-year prison sentence, Philip Diaz has requested to withdraw his plea in the May 2010 shooting.
reported that Stateâ??s Attorney Jon Barnard scheduled hearing for Friday, but Diazâ??s former attorney, Tod Urban, could not make it to Quincy from Chicago due to bad weather. The hearing has been rescheduled for April 3.
Public Defender Ed Downey will represent Diaz .
In May, Diaz, 29 pleaded guilty to first-degree murder with a plea arrangement that would have given him anywhere between 20 and 45 years in prison. Judge Scott Walden gave Diaz 45 years in September.
Barnard said Urban has been subpoenaed to testify in the case.